ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2015 No. 53

About approval of Features of production organization of complex judicial examinations, charged to different bodies of judicial examination

According to Item 6 of article 29 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial expert activities in the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Features of production organization of complex judicial examinations, charged to different bodies of judicial examination.

2. To provide to the center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan state registration of this order and its official publication according to the procedure, established by the legislation.

3. Declare invalid the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 22, 2010 No. 134 "About approval of the Instruction on production organization of complex judicial examinations" (registered in the Register of state registration of regulatory legal acts for No. 6227, published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan of 2010, No. 15 (date of exit of circulation on November 25, 2010)).

4. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 53

Features of production organization of complex judicial examinations, charged to different bodies of judicial examination

1. These Features of production organization of complex judicial examinations, charged to different bodies of judicial examination are developed according to Item 6 of article 29 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan" which regulate activities of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan in case of production of complex judicial examinations on criminal, civil cases and cases on administrative offenses.

2. Production of complex judicial examinations will be organized in cases when for the purpose of comprehensive investigation of circumstances of criminal, civil cases or cases on administrative offenses, the researches on the basis of different industries of knowledge conducted by court experts of different specialties within their competence are necessary.

3. The basis for conducting complex judicial examination is the resolution (determination) on purpose of judicial examination.

4. The head of body of judicial examination makes the decision on conducting complex examination on the provided materials and to organize its production. In this case the body (person) which appointed judicial examination is in writing notified on change of the status of examination (individual, additional, repeated, commission, complex).

5. In the resolution (determination) on purpose of complex judicial examination its name and body to which its production is entrusted is specified. In cases when production of complex judicial examination is entrusted to several bodies of judicial examination, in the resolution (determination) on its appointment it is specified what of them is the leader (performing production organization of judicial examination and coordination of the researches conducted by specialists).

If in the resolution (determination) the leading body of judicial examination is not specified, it is determined by approval between heads of bodies of judicial examination to whom production of complex judicial examination is entrusted. The issue of the leading body of judicial examination is resolved taking into account amount and research problems.

6. The resolution (determination) on purpose of complex judicial examination goes to each body of judicial examination which is entrusted with its production, and is registered in each of them.

7. If production of complex judicial examination is not performed by resources of body of judicial examination to which it is charged, the head of body of judicial examination petitions before body (person) who appointed examination for inclusion in structure of the commission of court experts of persons competent of the solution of the questions posed.

8. In case of production of complex judicial examination in one body of judicial examination his head charges researches to the corresponding court experts with indication of the leading division performing production organization of all judicial examination and coordination of the conducted researches. The head of the leading division in coordination with heads of other divisions creates the commission of court experts and appoints the expert-coordinator.

9. In case of production of complex judicial examination by several bodies of judicial examination the commission of court experts is created by the head of the leading body of judicial examination together with heads of other bodies of judicial examination participating in production. The head of the leading body of judicial examination appoints the expert-coordinator who provides the proper organization and coordination of activities of the commission of court experts for the purpose of the solution of objectives.

10. Expert-coordinator:

acquaints each member of the commission with the resolution (determination) on purpose of judicial examination and the materials which arrived for research;

determines the sequence of research of the provided objects and samples for the purpose of receipt of the most complete information and taking into account their possible damage to result of application of the corresponding methods of the analysis;

performs communication with heads of bodies of judicial examination (divisions) whose employees are members of judicial commission of experts;

directs meeting of the commission of court experts in case of development of the general research program;

traces the term of production of judicial examination and coordinates accomplishment of the research program;

will organize acquaintance of members of the commission with the course and intermediate results of researches;

directs final meeting of the commission of court experts in case of assessment of results of all researches, their generalization and formulation of general conclusion (conclusions);

reports to the head of body of judicial examination about the actions of the member of the commission not consistent with the general program of research or breaking their sequence;

constitutes the conclusion or the message on impossibility to draw the conclusion.

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